Witness whose lies set suspect free sentenced

Harold Kearse had pleaded guilty to first-degree perjury, a felony that represents the 22-year-old's only criminal conviction.

Kearse, as it turns out, was the secret witness last year against a Town of Wallkill man in a 2008 murder case. Kearse's testimony led to an indictment. The discovery of his lie — about being an eyewitness to the slaying, rather than just someone who was repeating stories and rumors — led Orange County prosecutors to withdraw that indictment.

The suspect went free in January.

The Orange County District Attorney's Office hit Kearse with the felony charge. On Monday, he was in court for sentencing. His lawyer, David Hoovler, gave the judge a brief letter from Kearse.

"It's a letter of apology" to the court and the district attorney's office, Berry summarized. "He was being threatened by someone. He did this to safeguard himself as well as his family."

Hoovler told the judge his client had no criminal record, and has already spent 118 days in jail.

"I believe he had a legitimate reason for what he did," Hoovler said. "He tried to handle it as best he could."

Kearse got a glowing review in the probation department's pre-sentencing investigation, Hoovler told the judge, including some "very complimentary words" from the police.

Apparently, even after he was caught in the lie, Kearse kept trying to help. He continued to cooperate with Middletown police.

"At that point in time, I didn't have too many options," Kearse told the judge in court, after apologizing. "I know I was wrong. I can't take it back. I made a mistake."

Prosecutors recommended a state prison sentence of two to six years. They've got to take a stern position, after all; can't have witnesses fabricating stuff. Berry sentenced Harold to six months in jail and five years of probation.

Meanwhile, though, prosecutors were apparently still willing to work with a man they knew had perjured himself. Some time down the road, a defense lawyer might have a field day with that.

Prosecutors can't pick their witnesses. The people who have inside knowledge of or access to bad people generally aren't angels.

Kearse, it seems, isn't a bad guy. But he gave a homicide victim's family false hope. He put forth a tale of violence and murder as if he were there.

He did it under oath.

And after prosecutors discovered his lie, the suspect went free.

The suspect, Atiq Weston, didn't stay free for long. No surprise: He's 19, and has already done time for three assaults.

By May, Weston was back in lockup for a parole violation; an indictment on attempted murder and robbery charges soon followed, and he's now jailed on that case in lieu of $1 million bail or $3 million bond.

But that's a different case.

A lie is still a lie, and stories and rumors don't make a man guilty of murder.